§ 42-30. Permit requirement; extensions; penalty.

(a)

Permit required. Except as otherwise provided in this Code, no person may obstruct or excavate any right-of-way without first registering and having obtained the appropriate right-of-way permit from the city.

(1)

Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein.

(2)

Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project.

(3)

Small wireless facility permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right of way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked.

(b)

Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless such person:

(1)

Makes a supplementary application for another right-of-way permit before the expiration of the initial permit; and

(2)

A new permit or permit extension is granted.

An extension can, at the discretion of the city administrator, or the city administrator's designee, be granted orally and without application of a separate permit fee.

(c)

Delay penalty. In accordance with Minn. Rules 7819.1000 subpt. 3 notwithstanding subsection (b) of this section, the city shall establish and may impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty shall be established from time to time by city council resolution and shall include any delays or damages charged by the city's construction contractor and may include liquidated damages consistent with the contract. A delay penalty will not be imposed if the delay in project completion is due to circumstances beyond the control of the applicant including, without limitation, inclement weather, acts of God, or civil strife.

(d)

Permit display. Permits issued under this article shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city.

(Ord. No. 02-01, § 1(3-6.08), 4-24-2002; Ord. No. 18-01, § 1, 4-11-2018)